Is a wife considered divorced after being divorced during her menstrual period, given that five months have passed since the divorce, there was a privacy that did not include intercourse, and a sexual phone call after traveling, and her father's desire for her to be divorced?
Divorcing a wife during menstruation is forbidden, but it is effective according to the majority of scholars. Holding the hand with the intention of pleasure is considered a رجعة (revocation of divorce) by the Hanafis, and by the Malikis if he intended it as a رجعة. If the رجعة did not occur, and the wife had three menstrual cycles after the divorce, then she becomes irrevocably divorced (تبين) and is not permissible for him except with a new marriage contract. The menstrual period during which the divorce occurred does not count towards the waiting period (عدة). Sheikh al-Islam Ibn Taymiyyah held the view that divorcing a menstruating woman does not take effect. The wife's father had no right to compel the husband to divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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